Texas Business & Commerce Code
§ 9.334 — PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS
BC § 9.334Title 1. UNIFORM COMMERCIAL CODE · Ch. 9. SECURED TRANSACTIONS · Art. C. PERFECTION AND PRIORITY
Statute text
View on source(a)A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this chapter in ordinary building materials incorporated into an improvement on land.
(b)This chapter does not prevent creation of an encumbrance upon fixtures under real property law.
(c)In cases not governed by Subsections (d)-(h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.
(d)Except as otherwise provided in Subsection (h), a perfected security interest in fixtures has priority over the conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:
(1)the security interest is a purchase-money security interest;
(2)the interest of the encumbrancer or owner arises before the goods become fixtures; and
…
Legislative history
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001. Amended by Acts 2001, 77th Leg., ch. 705, Sec. 9, eff. June 13, 2001.